The Principle of Islamic Personality in the Qanun of Jinayat Law in Aceh

Abstract

The Qanun Jinayat grants Aceh special autonomy to implement Islamic law; however, its enforcement continues to face systemic and human rights challenges. This study identifies three key issues: the selective and unequal implementation of caning punishments, which often spares the elite while targeting ordinary citizens; the coexistence of Aceh ' s Islamic legal framework with Indonesia ' s national Criminal Code, resulting in legal dualism and inconsistent case handling between Acehnese and non – Acehnese individuals; and the territorial limitation of the Qanun Jinayat, which enables offenders to evade punishment by relocating outside Aceh. Using a normative juridical method supported by conceptual and comparative approaches, this research examines legislative texts, judicial decisions, and scholarly literature to analyze the application and implications of the Principle of Islamic Personality. The findings demonstrate that this principle extends the applicability of Islamic law to all Acehnese Muslims regardless of location, ensuring legal consistency, gender –sensitive protection, and social harmony. Furthermore, aligning the Qanun Jinayat with international human rights standards including the ICCPR, CEDAW, and UN Human Rights Council principles alongside Article 18B (1) of the 1945 Constitution, strengthens Aceh ' s special authority while reaffirming Indonesia ' s pluralistic legal identity. Integrating this principle within the national legal system can close enforcement gaps, promote justice, and enhance legal certainty for Acehnese Muslims. Therefore, revising and socializing the Principle of Islamic Personality within the Qanun Jinayat is essential to ensure its legal validity, societal acceptance, and compliance with international norms, thereby reinforcing both Islamic identity and human rights protection in Aceh ' s legal landscape.